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My Partner was just recently accused of charges against his…

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My Partner was just...

My Partner was just recently accused of charges against his ex roommate. She sent him to jail for it. He is out now but obviously a restraining order has been issued against him. We both have personal property at that house including but not limited to a cat. She is not letting us get anymore it. We are getting this all from the sheriff when we asked for them to be the escort. Is that legal in Montana to with hold property?

Lawyer's Assistant: What was he charged with exactly? Are there any upcoming court dates?

PFMA and strangulation. Hasn’t been found guilty of them and honestly did not do them. But that’s obviously a different battle to fight.

Lawyer's Assistant: Have they talked to a MT lawyer about this yet?

We are working on getting one. I called on Friday when I bonded him out she just hasn’t got back to me. We are just worried about the cat and him getting essentials for now at least.

Submitted: 3 months ago.Category: Legal
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Answered in 16 hours by:
5/13/2018
Lawyer: Zoey, JD, Attorney replied 3 months ago
Zoey, JD
Zoey, JD, Attorney
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Satisfied Customers: 31,897
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 3 months ago

No. She cannot hand onto his property. If the sheriff won't arrange for an escort yet so that your partner can't pick up his things, once he has a lawyer that can be rectified. The judge will order that his good be made available to him and give him a window of opportunity to collect them. If there's some dispute about what is, in fact, his property and what is actually the ex-roommate's, that would be another story, but the lawyer can assist with that as well.

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Customer reply replied 3 months ago
the sheriff asked him what he needed to get because we kept buggin them. He won’t let us go there with him and pack ip clothes shoes and essentials he is letting her do that then he will meet us with the stuff. That does not seem right to me.
Customer reply replied 3 months ago
I guess the cat is missing as well because she didn’t care for it. County Animal shelter won’t do anything because they are afraid of what the sheriff may do. The sheriff says we can’t file neglect charges because it’s a cat. All this sounds super fishy to me.
Lawyer: Zoey, JD, Attorney replied 3 months ago

He has a restraining order against him, and I guess the sheriff is looking to make it easy for himself. He doesn't have to be allowed to enter the house. He is, however, entitled to his things. If he gets them all, it doesn't matter that he gets them from the sheriff and not from the house. If he is missing items, his lawyer can take that up with the judge and can order that the police escort himi.

As for the cat, that's a different problem. You don't know and neither does he if the cat has been neglected. He may have to take her to small claims court to get the animal back. Once again, when he has a lawyer, this should be resolved. The lawyer can talk to the prosecutor who, in turn, can warn the complainant that she cannot keep what isn't hers.

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Lawyer: Zoey, JD, Attorney replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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